Page:United States Statutes at Large Volume 18 Part 2a.djvu/150

 MILITIA. 145 sioned onlcers, may at his discretion cause to be arrested any major-gem 3 Maven mos eral or brigadier-general, and order a court-martial, to ho composed of °· *°· ¤· 7» il- 2i P: olrthe other general officers, field-oliicers, and captains, or so many of 2u' them, having regard to seniority, as shall amount to thirteen in the militia of the District. ’ _S1dC. 1252. Any major-general or brigadier-general, for misconduct Arrest of field within his own knowledge, or upon complaint lodged in writing, by any Md ¤¤¤E °m°“°» commissioned officer, shall have power to arrest any lieutenant-colonel "l‘°"· commandant, aid-de-camp, brigade-inspector, and major, or any other Ibid. inferior officer. Sec. 1253. The commanding officer of the division or brigade shall Courts-martial order a court-martial lor the trial of any officer arrested under the pre- f°" mm °*` Mm ceding section, to be composed of one brigadier-general, and as many .“.._."d °mf. °m°°"_.‘ lieutenant-colonel commandants, majors, and captains, as shall make Ibidup a number not less than thirteen. Sec.  And any brigadier-general, lieutenant-colonel command-· Brigade courtsant, or major, for misconduct in any captain or subaltern, within his martial for trial of own knowledge, or upon complaint lodged in writing, by any commis- °°°‘l"*"Y °m°°"°- sioned officer, may arrest such captain or subaltern; and the brigadier Ibid. A or commanding officer of the brigade shall order a brigade courtmartial, for the trial of such captain or subaltern, to be composed of one or more field-officers, and a sufficieut number of captains and subalternsto make up a number not less than thirteen. Sm:. 1255. The courts-martial provided for by the four preceding sec- Proceedings; nptions shall proceed to hear and determine on all offenses under this Pl‘°V¤l¤*"¤¤¤¤<·¤¤¢· chapter, and may censure or cashier any officer so tried; which sentence my shall be final, when approved by the President of the United States. Sec. 1256. For obtaining the necessary evidence for the trials by summons ofwitcourt-martial, the President of the United States, or the presiding officer ¤¤¤¤¢¤· of the court, as the case may be, shall issue his summons. ‘ Ibid. Sec. 1257. Every person summoned as provided by the preceding sec- Penalty or wittiou, and failing to attend and to give evidence, shall be subject to, and ¤¤¤¤ for <l¤f¤¤llimay be tried by, a courtmartial; and, if an officer, may, at the discre- Ibid_ tion of the court, be cashiered, or fined not exceeding six months’ pay; and if a noneommissioned officer, or soldier, or a person not enrolled, he shall be reported to the court of inquiry of the regiment or legion to which he shall belong, or within whose bounds he shall reside, and be then subject to such lines and penalties as the court of inquiry may think proper to inflict, not exceeding forty dollars. COURTS or INQUIRY. Sec. 1258. There shall be battalion courts of inquiry, to be appoiu ted Battalion courts by the commanding officer of the battalion, for the assessment of fines 2‘lElBE___ incurred under this chapter, in such battalion; and such courts of inquiry Ibid-, 9. 8, pp. shall be held in the months of July and N ovembcr, in each year, at some 2*% 21**- convenieut place within the district, to consist of the commanding oth- 1 Jmy, ,8,2, c_ ccr of the battalion and the commanding officers of companies which 113, ,,_ 3, v_ 2_ ,,_ shall belong to or be attached to such battalion, or a majority of them. 769. Sec. 1259. Each member of a court of inquiry shall take the following Oath ofmembers. oath, to be administered by the presiding officer, and atterwardby any other officer of the court, to him: **1,, will truly and faithfully 20, ,_8,,._2,,,_2{8_ inquire into all delinquencies which appear on the returns, to  laid before me, and will assess the fines thereon, as shall seem just, without favor, partiality, or aiiection: so help me God." _ _ _ Sec. 1260. The presiding officer shall lay before the court of inquiry 0l’l_·l»cc<><l¤¤g¤ of all the delinqucncies, as directed by law, whereupon the court shall pro- ';}T;______ ceed to hear and determine. _ Ibid. Sec. 1261. There shall be legiouary courts of inquiry, for the assess- oflszsllgprllry ¤¤¤¤‘¤• ment of fines incurred by the officers of the legion, and for other duties, ___T;__.. required by this chapter, and such courts ot inquiry shall be held by the Ibid. appointment of the commanding officer of the legion, in not less than ten, and not more than twenty days, after each battalion court oi inqu1ry. 12 s rr-——-10